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Chapter 48. Specifics of customs clearance
and customs control of goods incorporating objects of intellectual
property
Article 344. Conveyance Through the Customs Border of Goods
Incorporating Objects of Intellectual Property. Customs Clearance and Customs
Control of Such Goods
1.
Conveyance through the customs border of goods incorporating objects of intellectual
property shall be carried out in compliance with this Code and legislation of
the Kyrgyz Republic on intellectual property.
2.
Customs clearance and customs control of goods incorporating objects of
intellectual property shall be performed in accordance with the procedure established
by this Code, taking into account the specifics stipulated by this Chapter.
Article 345. Suspension of Release of Goods Incorporating Objects
of Intellectual Property
1.
If at performance of customs clearance and customs control of goods incorporating
objects of intellectual property signs of goods’ being counterfeit are identified,
these goods shall be subject to placement in a temporary storage warehouse and
release of such goods shall be suspended.
2.
The decision on suspension of release for ten working days shall be made by
head of the customs body performing customs clearance or by deputy. At the request
of the applicant this period may be extended, but not more than for another
ten working days.
3.
The customs body shall notify the declarant and the applicant of reasons for
suspension of release no later than the day following the day of making the
decision on such suspension, and also shall inform the declarant of the name
and address of the applicant, and inform the applicant of the name and address
of the declarant.
4.
The procedure of making the decision on suspension of release, notification
of the applicant and the declarant on the decision made and the period of extension
of suspension of release shall be established by the authorized state body
Article 346. Compensation of Costs of Customs Bodies and Losses
of the Declarant
1. The customs bodies and the declarant
shall be entitled to demand from the applicant to execute the agreement on compensation
of costs of customs bodies and losses of the declarant in the following cases:
1) if within the period established
in the agreement, after holding up the suspected goods, the applicant does not
provide a documented evidence that he has filed an application to the appropriate
court on the decision with regard to further fate of the seized goods;
2) if by decision of the Court
it is established that the seized goods are counterfeit.
2. The procedure of determination
of the amount of costs of customs bodies related to suspension of release of
the goods shall be established by the authorized state body, and in case of
disagreements, judicially.
3. The amount of costs and losses
incurred by the declarant shall be established in accordance with the procedure
regulated by the agreement made, and in case of disagreements, judicially.
Article 347. The Provision of Information. Taking Tests and
Samples.
1.
The customs body shall provide the applicant and the declarant with information
necessary to determine if the goods, regarding which the decision on suspension
of release is made, are counterfeit or not.
2.
The information obtained by the applicant or the declarant in compliance with
this Article shall be confidential and should not be disclosed, communicated
to third persons, as well as to state bodies, except for cases stipulated by
legislation of the Kyrgyz Republic.
3.
Upon permission of the customs body the applicant and the declarant or
their representatives may, under customs control, take tests and samples of
goods, with respect to which the decision on suspension of release is made,
and carry out their investigation.
Article 348. Canceling Decision on Suspension of Release
1. The decision on suspension of
release shall be cancelled if within the period of validity of the decision
on suspension of release:
1) the applicant requests the customs
body to cancel the decision on suspension of release;
2) the object of intellectual property
is excluded from the Register of objects of intellectual property in compliance
with Item 4 of Article 342 of this Code;
3) if the decision of the authorized
state body made according to legislation of the Kyrgyz Republic on
withdrawal of goods, their seizure or their confiscation is not presented;
In the above cases the goods shall
be subject to customs clearance and release in accordance with the procedure
established by this Code.
2. The decision on suspension of
release shall be cancelled by head of the customs body, who has made such decision,
or by his deputy.
Article 349. Additional Powers of Customs Bodies with regard
to Control of Goods Incorporating Objects of Intellectual Property
Customs bodies
shall be entitled, in accordance with the procedure established by the authorized
state body, without a properly registered application of the right holder for
protection of his rights, to suspend release of goods incorporating objects
of intellectual property not included in the Register, if signs are discovered
that such goods are counterfeit. In this case the customs bodies may request
from the right holder any information, which may be used by them for confirmation
that the goods are counterfeit. When release of the goods is suspended in compliance
with this Article the customs bodies shall immediately inform the right holder
and the declarant of that.
Release of the goods shall be suspended
for the period not exceeding ten working days. This period may be extended at
written request of the right holder for another ten working days.
Customs bodies shall suspend release
of the goods in compliance with provisions of this Article in accordance with
the procedure established by an Instruction of the Ministry of Finance of the
Kyrgyz Republic.
Article 350. Objects of Intellectual Property, with Respect
to Which Measures of Protection of Rights of Intellectual Property are Not Applied
by Customs Bodies
Measures relating
to suspension of release of goods in compliance with this Chapter shall not
be applied by customs bodies with respect to goods incorporating objects of
intellectual property and conveyed through the customs border by natural persons
or dispatched in international postal items in small quantities, if such goods
are intended for personal, family, household and other needs not related to
implementation of business activity.
Article 351. Additional Provisions Related to Protection of
Rights of Intellectual Property by Customs Bodies
1. Protection of rights of intellectual
property by customs bodies shall not prevent the right holder from applying
any other means of protection of his rights according to legislation of the
Kyrgyz Republic.
2. Customs bodies shall be
entitled to demand destruction of counterfeit goods, provided the declarant,
authorized owner or other interested person has the right to appeal. Goods incorporating
objects of intellectual property, left by the declarant, shall be deemed counterfeit
and subject to destruction in compliance with this Item. |
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